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yldeng
Feb 10, 2007, 06:50 AM
Hi,

I started to work as H1-B holder in US from 2000 and I got married in October of last year. She arrived in US on December 7th, 2006. I know she were in US less than 31 days last year. I have the following questions:

1. What kind of status I should file our tax report? Should I file resident-alien (Form 1040) or Dual-Tax Return (Form 1040 with Form 1040NR attached)?

2. Should we file a joint tax report?

3. What exemption should I be applied?

4. Can I claim for my wife's travel expenditure? (just plane ticket)

Besides, I have capital losses and I have to file Schedule D to claim these losses. What can I do? Can I file Form 1040EZ or I have to file Form 1040 with W 7? You help will be extremely appreciated.

Charles

AtlantaTaxExpert
Feb 10, 2007, 10:23 PM
Charles:

1-3) YOU are a resident alien. Your wife can file jointly with you as the non-resident spouse of a resident alien. You will both be able to claim a personal exemption and a $10,300 doube standard deduction.

4) No, you cannot. Her move is not work-related.

Fill out Schedule D to report the losses. You can file Schedule D ONLY with Form 1040.

The W-7 will be needed to apply for the ITIN.

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